Independent Regulatory Appeals Process

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

[Docket No. 96-04]

Independent Regulatory Appeals Process

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notice.

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SUMMARY: The Office of the Comptroller of the Currency (OCC) is

publishing in final form its guidelines that permit national banks to

appeal certain OCC decisions and actions. These appeals guidelines are

required by the Riegle Community Development and Regulatory Improvement

Act of 1994. These final guidelines supersede the OCC prior appeals

policy as set forth in Banking Circular No. 272.

EFFECTIVE DATE: February 23, 1996.

FOR FURTHER INFORMATION CONTACT: Heidi Thomas, Legislative Counsel,

Legislative and Regulatory Activities Division, 202-874-5090, or Carol

Connelly, Office of the Chief National Bank Examiner, 202-874-5350,

Office of the Comptroller of the Currency, 250 E Street SW, Washington,

DC 20219.

SUPPLEMENTARY INFORMATION:

A. Background

Section 309(a) of the Riegle Community Development and Regulatory

Improvement Act of 1994, Pub. L. 103-325 (12 U.S.C. 4806) (Act), which

was signed into law on September 23, 1994, requires the OCC, the Office

of Thrift Supervision, the Federal Deposit Insurance Corporation, and

the Federal Reserve Board (Federal banking agencies), and the National

Credit Union Administration to establish an independent internal

appellate process. This process must be available to review material

supervisory determinations made at insured depository institutions or

credit unions that the agency supervises.

Specifically, the Act defines ``independent appellate process'' in

section 309(f)(2) (12 U.S.C. 4806(f)(2)) as a review by an agency

official who does not directly or indirectly report to the agency

official who made the material supervisory determination under review.

In addition, the Act defines ``material supervisory

determinations'' in section 309(f)(1) (12 U.S.C. 4806(f)(1)) to include

determinations relating to (1) examination ratings, (2) the adequacy of

loan loss reserve provisions, and (3) loan classifications on loans

that are significant to an institution. This definition expressly

excludes a determination to appoint a conservator or receiver for an

insured depository institution or a decision to take prompt corrective

action pursuant to section 38 of the Federal Deposit Insurance Act (FDI

Act) (12 U.S.C. 1831o). Section 309(g) of the Act (12 U.S.C. 4806(g))

expressly provides that the Act's requirement to establish an appeals

process does not affect the authority of the Federal banking agencies

to take enforcement or supervisory actions against an institution.

Finally, section 309(b) of the Act (12 U.S.C. 4906(b)) requires

that the Federal banking agencies hear and decide appeals expeditiously

and ensure that appropriate safeguards exist for protecting the

appellant from retaliation by Federal banking agency examiners.

On December 22, 1994, the OCC published in the Federal Register for

notice and comment proposed guidelines for this appellate process (59

FR 66067), as required by section 309(c) of the Act (12 U.S.C.

4806(c)). These procedures modified and clarified the OCC's existing

national bank appeals procedures, described in Banking Circular No. 272

(June 11, 1993), to make them consistent with the requirements of the

Act.

Pursuant to this notice and request for comments, the OCC received

three comment letters from interested parties. These comment letters

generally supported the OCC's proposed guidelines and concluded that

they satisfied the requirements of the Act. However, the commenters

suggested some changes, several of which the OCC has addressed in the

final guidelines.

B. Comments

1. Examiner Retaliation

To prevent examiner retaliation, the proposed guidelines required

the OCC Ombudsman to contact the appellant bank to inquire whether it

believes that OCC examiners have taken actions against it in

retaliation for its appeal. The Ombudsman must contact the bank within:

(1) six months after the date the Ombudsman, Deputy Administrator, or

Deputy Comptroller issues a final written response to an appeal; and

(2) six months after the date of completion of the first examination

following an appeal. In addition, national banks that believe they are

the subject of retaliation because of their appeal may, at any time,

seek redress with the Ombudsman.

The commenters agreed that these procedures provide appropriate

safeguards to protect the appellant bank from retaliation by agency

examiners, as required by the Act. However, the commenters suggested

that the guidelines also should state specifically that examiner

retaliation is unacceptable and unprofessional and should provide for

disciplinary sanctions or otherwise describe what ``appropriate

action'' may ensue if the Ombudsman determines that retaliation has

occurred. In addition, one commenter suggested permitting the Ombudsman

to exclude from the next examination any personnel involved in the

appealed decision.

The OCC strongly agrees that any form of examiner retaliation is

unacceptable and unprofessional. The OCC also agrees that, in some

cases, it may be appropriate to exclude from the next examination of

the bank personnel involved in the appealed decision. Therefore, the

final guidelines provide that the Ombudsmen may recommend to the

Comptroller that the next examination of a national bank not include

personnel involved in a decision appealed by that bank. The Comptroller

will make the final decision on exclusion.

The proposed guidelines required the Ombudsman, upon determining

that retaliation has occurred, to forward the complaint to the District

Administrator, Deputy Comptroller, or Inspector General for appropriate

action. The final guidelines require the Ombudsman to forward these

complaints to the Senior Deputy Comptroller for Bank Supervision

Operations or the Inspector General. The OCC believes that retaliation

complaints are better handled by senior staff in the Washington Office

than in the District Office where the retaliation is alleged.

[[Page 7043]]

In addition, the final guidelines more specifically refer to

``disciplinary'' action consistent with OCC policies and procedures.

The OCC believes, however, that further description of particular

disciplinary actions is outside the scope of these guidelines.

2. Scope of Appeal

Except as otherwise provided, the proposed guidelines permitted

national banks to seek review of all agency decisions and actions,

including material supervisory determinations. Section 309(f)(1) of the

Act (12 U.S.C. 4806(f)(1)) defines ``material supervisory decisions''

as determinations relating to examination ratings, the adequacy of loan

loss reserve provisions, and loan classifications on loans that are

significant to an institution.

The proposed guidelines did not allow a national bank to seek

review of an agency decision or action involving the appointment of a

receiver or conservator, or a decision that is enforcement-related,

including a decision to take prompt corrective action pursuant to

section 38 of the FDI Act (12 U.S.C. 1831o). The proposed guidelines

also expressly excluded preliminary examination conclusions

communicated to the national bank prior to the issuance of either a

Final Report of Examination or other written communication from the

OCC. The OCC believes that, until these preliminary conclusions become

final, they are not ``material supervisory determinations'' for

purposes of the appellate procedures.

The commenters stated that, in general, the scope of appealable

matters under the proposed guidelines is appropriate and reasonable.

However, one commenter requested the OCC to clarify that national banks

may appeal informal enforcement actions under the guidelines. The OCC

believes, however, that distinguishing between formal and informal

enforcement actions or decisions could be counterproductive, and could

improperly influence what would otherwise be OCC supervisory judgements

concerning the appropriate enforcement action in a particular case.

Currently, the OCC excludes informal enforcement decisions and actions

from appeals pursuant to Banking Circular 272. This exclusion has

proved to be workable and the OCC believes that it is appropriate.

Therefore, both formal and informal enforcement actions will continue

to be excluded from the scope of appealable matters available under the

final guidelines.

Some commenters also requested that the OCC not tie the definition

of significant loan classification to a set percentage of the portfolio

classified. The commenters also opposed a definition that is more

narrow or more restrictive than that used by any other agency in

implementing their guidelines. These comments do not apply to the OCC's

proposed guidelines, which permit appeals of all types of loan

classifications. The OCC agrees that the definition should not be

narrowed and therefore will continue to permit appeals of all types of

loan classifications.

3. Timing of Appeal

The proposed guidelines required the District Administrator, the

Deputy Comptroller, and the Ombudsman, absent any extenuating

circumstances, to issue a written response within 45 calendar days of

the filing of an appeal. In addition, the Ombudsman must issue a

written response to a second-tier appeal, an appeal by a national bank

of an appeal decision made by a District Administrator or Deputy

Comptroller, within 30 calendar days of the filing of that second-tier

appeal. These time periods are longer that those specified in Banking

Circular 272. Based on its current experience with the appeals process,

the OCC found that some additional time is necessary to hear and decide

appeals.

Commenters, in general, agreed that the new time periods meet the

Act's requirement that appeals be heard and decided expeditiously.

However, two of the commenters suggested that the OCC increase the

amount of time in which a national bank may file a second-tier appeal.

The proposed guidelines required that a national bank file a second-

tier appeal within 15 calendar days of receiving a decision from the

District Administrator or Deputy Comptroller. The commenters stated

that, due to intervening business, vacations, or holidays, a national

bank may not be able to determine whether to file a second appeal

within this time period. The OCC agrees that providing additional time

for filing second-tier appeals is reasonable. Therefore, the final

guidelines provide that a national bank may file a second-tier appeal

within 30 calendar days after receiving the decision from the District

Administrator or Deputy Comptroller.

C. Other Modifications to Proposed Guidelines

The OCC has made the following additional modifications to the

proposed guidelines:

1. Liaison Activity

To comply with section 309(d)(2) of the Act (12 U.S.C. 4806(d)(2)),

the OCC has modified the proposed guidelines to specifically state

that, in addition to hearing and deciding appeals, the Ombudsman is

available to act as a liaison between the OCC and any affected person

with respect to any problem that party may have in dealing with the OCC

resulting from its regulatory activities. In so doing, the Ombudsman

will ensure that safeguards exist to encourage persons to come forward

and to preserve their confidentiality. In practice, the Ombudsman

informally acts as a liaison. This modification to the final guidelines

formalizes this activity and notifies other interested persons of the

availability of the Ombudsman for that purpose.

2. Recommendations of Policy Changes

The final guidelines state that the Ombudsman may report weaknesses

in OCC policy to the Comptroller, and may make recommendations

regarding changes in OCC policy.

3. Reference to Banking Bulletin OCC 96-18

In order to clarify that other OCC appeals processes are available

for national banks, the final guidelines include a statement advising

national banks that they may obtain a separate OCC Bulletin, OCC 96-18,

that consolidates all OCC appeals processes that national banks may

follow to appeal agency decisions and actions. Specifically, this OCC

Bulletin consolidates these final appeals guidelines, the Shared

National Credit Appeals Process, and a new process for appealing fair

lending-related decisions. The final guidelines specifically reference

the availability of this separate fair lending appeals process.

4. Stay of Decisions and Actions Pending an Appeal

The proposed guidelines provided that, as a general rule, the

filing of an appeal serves to stay all agency decisions and actions

until the appeal is resolved. The final guidelines specifically provide

that this stay does not allow a corporate matter subject to an appeal

to be approved simply by the passage of time. In addition, the final

guidelines provide that an appropriate OCC official, in addition to the

Ombudsman, may put the disputed agency decision into effect while the

appeal is still pending.

5. Appeals on Behalf of Individuals

To ensure that appealable OCC actions and decisions relating to an

individual as opposed to a national bank are not excluded from the

appeals

[[Page 7044]]

process, the final guidelines specify that in the case of an appealable

matter relating specifically to an individual, such as section 914 of

FIRREA or Change in Bank Control Act notices, a national bank may file

an appeal on behalf of that individual.

6. Scope of Appealable Matters

To further define the scope of those OCC decisions that are subject

to the appeals process, the final guidelines state that formal and

informal rulemakings pursuant to the Administrative Procedure Act (5

U.S.C. 500 et seq.) and requests for agency records or information

under, and submissions of information to the OCC that are governed by,

the Freedom of Information Act (5 U.S.C. 552 or 12 CFR Part 4) are not

appealable matters. These matters are governed by separate statutory

and regulatory procedural requirements and are not included in the

scope of matters appealable to the Ombudsman.

The final guidelines also emphasize that, although preliminary

examination conclusions are not appealable, a national bank is

encouraged to discuss any concerns or disagreements regarding these

conclusions with its examiner-in-charge or its supervisory office.

7. Appeal of Decisions on Corporate Applications

Because appeals of corporate decisions are now made though the

National Bank Appeals Process, the final guidelines delete all

references to the appeal of corporate decisions as a separate appeals

process. In addition, the final guidelines provide that banks that

choose not to file their appeal of corporate application decisions

directly with the Ombudsman must file with the Deputy Comptroller for

Bank Organization and Structure (BOS), rather than with the District

Deputy Comptroller, District Administrator or Deputy Comptroller for

Multinational Banking or Special Supervision, as in other cases.

8. Recusal of Ombudsman

The proposed guidelines provided that in cases where the Ombudsman

should be recused from reviewing the decision under appeal, the

Ombudsman must transfer the appeal to the Senior Deputy Comptroller for

Bank Supervision Policy. The final guidelines instead provide that, in

such cases, the appeal must be transferred to a senior official

designated by the Comptroller. The OCC has made this change to ensure

that, in all cases, the appeal will be heard by a neutral reviewer.

D. Effect of Final Guidelines

This notice supersedes the current OCC appeals policy as set forth

in Banking Circular No. 272. These final guidelines, however, do not

supersede any other existing appeals procedures available under current

law. All of the OCC's currently available regulatory appeals processes

for national banks, including these final guidelines, are consolidated

in OCC Bulletin 96-18, available through the OCC's Communications

Division, 250 E. Street, SW., Washington DC 20219-0001; phone--(202)

874-4700, fax--(202) 874-5263.

The following is the text of the OCC's Appeals Process for National

Banks:

National Bank Appeals Process

I. Policy

The OCC is responsible for fostering the safety and soundness of

the national banking system, monitoring, and enforcing national banks'

compliance with laws and regulations, and encouraging competitiveness,

integrity, and stability of financial services provided by the national

banking system. In fulfilling this mission, it is the OCC's policy to

maintain open and ongoing communication with both the institutions it

supervises and other affected persons, and to foster the fair and

equitable administration of the supervisory process.

If a disagreement arises during the supervisory process, the OCC

will attempt to resolve the dispute fairly and expeditiously in an

informal, amicable manner. If disagreements cannot be resolved through

informal discussions, national banks and Federal branches and agencies

of foreign banks (collectively referred to as ``national banks'' for

purposes of these guidelines) are encouraged, and the examiner involved

in the dispute should specifically encourage the national bank, to seek

a further review of the OCC decisions or actions in dispute.

These guidelines establish a process through which a national bank

can seek such a review. A critical element in this appeals process is

the OCC Ombudsman. The Ombudsman is outside the bank supervision area

and reports directly to the Comptroller of the Currency. With the prior

consent of the Comptroller, the Ombudsman may supersede any appealable

agency decision or action during the resolution of an appealable

matter. The Ombudsman also may report weaknesses in OCC policy to the

Comptroller, and may make recommendations regarding changes in OCC

policy.

The procedures established in these guidelines provide national

banks a fair and expeditious review of agency decisions and actions

while ensuring that no one is disadvantaged by filing an appeal. If a

national bank has a question as to whether it should make use of this

appeal authority, it should contact the Ombudsman.

In addition, the Ombudsman is available to act as a liaison between

the OCC and any affected person with respect to any problem such person

may have in dealing with the OCC resulting from its regulatory

activities.

Interested parties should direct all communications with the

Ombudsman to the following address: Office of the Ombudsman, 1000

Louisiana Street, Suite 950, Houston, Texas 77002-5008; phone--(713)

650-0475, fax--(713) 650-6248.

II. Procedures

A. Filing An Appeal

A national bank may seek review of appealable matters by filing an

appeal with either its immediate supervisory office or with the OCC's

Ombudsman.1 The choice of where to file is a matter within the

sole discretion of the bank, except as indicated below. All appealable

matters can be received in either location. However, in cases where the

District Administrator or Deputy Comptroller directly or indirectly

participated in making the decision under review or directly or

indirectly reports to the agency official who made the decision under

review, the District Administrator or Deputy Comptroller must transfer

the appeal to the Ombudsman. In addition, in cases where the Ombudsman

should be recused from reviewing the decision under appeal, the

Ombudsman shall transfer the appeal to a senior official designated by

the Comptroller. The procedures for filing an appeal under the two

options are outlined below.2

1 In the case of an appealable matter specifically relating to

an individual as opposed to a national bank, such as section 914 of

FIRREA or Change in Bank Control Act notices, a national bank may

file an appeal on behalf of that individual.

2 The process by which national banks may appeal OCC

decisions to make a referral to the Department of Justice (DOJ) or a

notification to the Department of Housing and Urban Development

(HUD) regarding fair lending-related matters is described separately

in OCC Bulletin 96-18. In general, national banks may file an appeal

to the Ombudsman for reconsideration of a fair lending decision

within 15 calendar days of the date of the written notification from

the Senior Deputy Comptroller for Bank Supervision-Operations of the

OCC's intention to make a referral to DOJ or a notification to HUD.

[[Page 7045]]

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1. Supervisory Office Appeals

If a disagreement concerning an OCC supervisory decision or action

cannot be resolved informally, a national bank may file an appeal with

its immediate supervisory office. Except as indicated below, a

community bank or a regional bank seeking appeal under this option

should file the appeal with the District Administrator or Deputy

Comptroller of the OCC District in which the bank is headquartered. A

bank in the Multinational Banking or Special Supervision programs using

this option should file an appeal with the Deputy Comptroller for the

program in the Washington Office. A national bank seeking appeal of a

corporate application decision under this option shall file its appeal

with the Deputy Comptroller for Bank Organization and Structure (BOS)

in the Washington, DC office. In cases where the District Administrator

or Deputy Comptroller directly or indirectly participated in making the

decision under review or directly or indirectly reports to the agency

official who made the decision under review, the District Administrator

or Deputy Comptroller must transfer the appeal to the Ombudsman after

advising the appellant.

An appellant national bank must submit information in writing fully

describing the matter in dispute and setting forth its basis for

requesting an appeal. Upon receipt of an appeal, the appropriate

District Administrator or Deputy Comptroller, or a designee who has not

directly or indirectly participated in making the decision in dispute

and is not directly or indirectly responsible to the agency official

who made the decision under review, will contact the OCC employee(s)

involved in the matter under appeal. The OCC employee(s) shall submit

written or oral information concerning the basis of the appeal. If

requested by a senior official of the national bank filing the appeal,

the appropriate District Administrator or Deputy Comptroller shall

arrange a meeting or a telephone call to more fully discuss the appeal

and related issues.

In the absence of any extenuating circumstances, the appropriate

District Administrator or Deputy Comptroller shall issue a written

response within 45 calendar days of the filing of the appeal.

Immediately after the response is issued, the District Administrator or

Deputy Comptroller shall forward to the Ombudsman a copy of all

relevant material considered in the preparation of the response,

including any written submission by the bank.

If the national bank disagrees with the response from the District

Administrator or Deputy Comptroller, a senior official of the bank may

further appeal the matter to the Ombudsman. The bank shall file written

notice of this second-tier appeal within 30 calendar days of receiving

the response from the appropriate District Administrator or Deputy

Comptroller.

After receipt of a second-tier appeal, the Ombudsman shall review

any material considered by the appropriate District Administrator or

Deputy Comptroller in the preparation of the initial response. The

Ombudsman shall contact the national bank to ensure that the OCC is in

possession of all relevant material. If requested by either OCC

management involved in the dispute or a senior official of the national

bank filing the appeal, the Ombudsman shall arrange a meeting or a

telephone call to more fully discuss the appeal and related issues. In

the absence of any extenuating circumstances, the Ombudsman shall issue

a written response to the second-tier appeal within 30 calendar days of

the filing of that appeal.

2. Appeals to the Ombudsman

When a disagreement concerning an OCC supervisory decision or

action cannot be resolved informally and a national bank chooses not to

file an appeal with its immediate supervisory office, the national bank

may file an appeal directly with the Ombudsman. In a case where the

Ombudsman should be recused from reviewing the decision under appeal,

the Ombudsman shall transfer the appeal to a senior official designated

by the Comptroller. In such a case, the procedures outlined below

apply.

A national bank filing an appeal with the Ombudsman must submit

information in writing fully describing the matter in dispute. After

receipt of an appeal, the Ombudsman shall contact the OCC management

official involved in the dispute. That management official shall submit

written material and relevant OCC documents pertaining to the basis of

the appeal within 10 calendar days of the notice from the Ombudsman.

The Ombudsman shall contact the national bank to ensure that the OCC is

in possession of all relevant materials. If requested by either OCC

management involved in the dispute or a senior official of the national

bank filing the appeal, the Ombudsman shall arrange a meeting or a

telephone call to more fully discuss the appeal and any related issues.

In the absence of any extenuating circumstances, the Ombudsman shall

issue a written response to the appeal within 45 calendar days of the

filing of the appeal by the national bank.

B. Follow-Up by Ombudsman

After the Ombudsman, Deputy Administrator, or Deputy Comptroller

renders a decision on an appeal, the Ombudsman shall contact the

appellant bank to inquire whether the bank believes OCC examiners have

taken actions against the bank in retaliation for its appeal. The

Ombudsman shall make these contacts (1) six months after the date the

Ombudsman, Deputy Administrator or Deputy Comptroller issues a final

written response to an appeal, and (2) six months after the date of

completion of the first examination of the appellant bank following its

appeal. Of course, a national bank may contact the Ombudsman at any

time during or after the appeal if the bank reasonably believes that an

OCC examiner is taking action against it in retaliation for its appeal.

Upon identifying or learning of any possible retaliatory action,

the Ombudsman shall investigate the complaint. In the absence of any

extenuating circumstances, the Ombudsman must complete investigations

within 30 days. If the Ombudsman determines that retaliation has

occurred, the Ombudsman shall forward the complaint to the Senior

Deputy Comptroller for Bank Supervision Operations or Inspector General

for appropriate action, including disciplinary action consistent with

OCC policies and procedures.

In addition, the Ombudsman may recommend to the Comptroller that

the next examination of a national bank exclude personnel involved in a

decision appealed by that bank. The Comptroller shall make the final

decision on any exclusion.

C. Appealable Matters

Except as otherwise provided, a national bank may seek a review of

any agency decision or action, including a material supervisory

determination. Examples of material supervisory determinations include

determinations relating to:

Examination ratings;

The adequacy of loan loss reserve provisions; and

Loan classifications on loans that are significant to an

institution.

A national bank may not appeal to the Ombudsman or its immediate

OCC supervisory office:

Appointments of receivers and conservators;

Preliminary examination conclusions communicated to the

national bank prior to the issuance of

[[Page 7046]]

either a final Report of Examination or other written communication

from the OCC; 3

3 A national bank is encouraged to discuss any concerns or

disagreements regarding preliminary examination conclusions with its

examiner-in-charge or its supervisory office.

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Enforcement-related actions or decisions, including

decisions to take prompt corrective action pursuant to section 38 of

the Federal Deposit Insurance Act (12 U.S.C. 1831o);

Formal and informal rulemakings pursuant to the

Administrative Procedure Act, 5 U.S.C. 500 et seq.; and

Requests for agency records or information under, and

submissions of information to the OCC that are governed by, the Freedom

of Information Act, 5 U.S.C. 552 or 12 CFR Part 4.

An enforcement-related action or decision commences, and therefore

becomes unappealable, when the national bank receives notice from the

OCC indicating its intention to pursue available remedies under

applicable statutes or published enforcement-related policies of the

OCC. Such policies include OCC's Policy for Corrective Action (PPM

5310-3)(REV), Civil Money Penalty Policy (PPM 5000-7)(REV), and

Securities Enforcement Policy (PPM 5310-5). These policies are

available on request from the OCC's Communications Division, 250 E.

Street, SW., Washington DC 20219-0001; phone--(202) 874-4700, fax--

(202) 874-5263. For purposes of these guidelines only, remarks in a

Report of Examination do not constitute notice of intent to pursue

enforcement remedies.

III. Effect of Filing An Appeal

As a general rule, the filing of an appeal concerning an appealable

matter with either the national bank's immediate supervisory office or

with the Ombudsman serves to stay all agency decisions and actions

until the appeal is resolved. A stay does not allow a corporate matter

subject to an appeal to be approved simply by the passage of time. In

the appropriate circumstances, however, the Ombudsman or the

appropriate OCC official may put the disputed agency decision or action

into effect while the appeal is still pending.

IV. Other OCC Appeals Processes

The appeals process established by these guidelines does not

supersede any other existing appeals procedures available under current

law. Matters that are subject to an OCC appeals process designed

specifically for the issue in dispute, such as review of Shared

National Credit findings and fair lending-related decisions, are

appealable to the Ombudsman when the OCC decision is final under the

specifically designed appeals procedures.

These final appeals guidelines, the process to appeal Shared

National Credit decisions, and the appeals process for fair lending-

related decisions are consolidated in OCC Bulletin 96-18, available

through the OCC's Communications Division, 250 E. Street, SW.,

Washington DC 20219-0001; phone--(202) 874-4700, fax--(202) 874-5263.

V. Liaison Activity of Ombudsman

In addition to hearing and deciding appeals brought by national

banks, the Ombudsman is available to act as a liaison between the OCC

and any affected person with respect to any problem or question the

party may have in dealing with the OCC resulting from the OCC's

regulatory activities.4 The Ombudsman will either provide the

requested information or direct the person to the appropriate point of

contact. In so doing, the Ombudsman will ensure that safeguards exist

to encourage persons to come forward and to preserve the

confidentiality of those seeking information or identifying a concern.

\4\ Interested parties may also contact the OCC's Customer

Assistance Unit, located in the OCC's Washington office, to report

any problems or concerns they may have regarding national banks. The

Unit's telephone number is 800-613-6743. In addition, interested

persons may also comment on proposed OCC rulemakings published in

the Federal Register for notice and comment by filing written

comments with the OCC, as described in the rulemaking.

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Dated: February 15, 1996.

Eugene A. Ludwig,

Comptroller of the Currency.

[FR Doc. 96-4023 Filed 2-22-96; 8:45 am]

BILLING CODE 4810-33-P